Telkom VSP ******** Direct Marketing Practices - Wireless Application Services Provider Association

The way Telkom and Akinga Vertical Service Provider PTY LTD ("VSP") go about on direct marketing endeavors is of grave concern. I received a direct marketing SMS outside of the permissible engagement hours as prescribed by the WASPA Code of Conduct which they as a member are bound to: See clause 16.8 which reads:

"Prohibited times for direct marketing

16.8. Unless a consumer has expressly or implicitly requested or agreed otherwise, a member may not engage in any direct marketing directed to a consumer on:

(a) Sundays, public holidays contemplated in the Public Holidays Act, 1994;

(b) Saturdays before 09:00 and after 13:00; and

(c) all other days between the hours of 20:00 and 08:00 the following day."

Having received an SMS advertising a service called "Instarena" I do not recall opening the message as I might have been asleep at 00:14 , I miraculously became subscribed to a service that I took no active steps to accept terms and conditions for the use and subscription of these services. I was billed more than R700 for services I had not used, not consented to being subscribed to or accepted any offer by taken intentional active steps to express my intention or willingness to do so. I have demanded a refund, my case is currently with Telkom awaiting feedback after the simply declined my demand for a refund and closed my case. They have no proper channels for dealing with such disputes and they, possibly intentionally, make it extremely difficult for consumers to present their case. Call Centre Agents take your call and record very little details provided to them to form the basis of a dispute that will not be properly considered. The quantum is by no means trivial as I'm sure numerous Telkom consumers have fallen victim to this practice and they either do not have the time, means or knowledge of their rights ( if they are actually even aware) to dispute or query their concerns.

For anyone in the same position, Please refer to the WASPA Code Of Conduct to fami****ize yourself with your rights as a consumer and for the purpose of establishing your case in the event that the service marketed to you was done so contrary to the Code of Conduct. - https://waspa.org.za/code-of-conduct/

I also draw your attention to clause 16.4 which makes provisions for your pre-emptive right to be removed or restricted from direct marketing from the WASPA member. I'm not sure if Telkom is a member, VSP is and hopefully this will help block all marketing related content from Telkom marketing platforms.

Right to restrict unwanted direct marketing

16.4. Any member authorising, directing or conducting any direct marketing must implement appropriate procedures to facilitate the receipt of a demand from a person who has been approached for the purposes of direct marketing to desist from initiating any further communication (an “opt-out request”).

16.5. Unless the target person has expressly requested or agreed otherwise, any member authorising, directing or conducting any direct marketing must not direct or permit any person associated with that activity to direct or deliver any communication for the purpose of direct marketing to:

(a) a person who has submitted an opt-out request to that member,

(b) a person who has registered a pre-emptive block with a registry established by the National Consumer Commission, or

(c) a person who has registered a pre-emptive block with a registry established by WASPA.

I hope this review serves it intended purpose which is not to tarnish a brands reputation, but instead, to provide a public service announcement concerning your rights as a consumer.